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EU law and data protection (Statutory provisions (EU Data Protection…
EU law and data protection
Statutory provisions
Art 8 Charter of Fundamental Rights of the EU lays down specific guarantees that data must be fairly processed and consent must be given (Kokott and Sobotta, 2013)
EU Directive on Privacy and Electronic Communications 2002/58/EC (Carey, p. 14)
Amended in 2009 by EU Directive 2009/136/EC
Art 8 ECHR has been used (Kokott and Sobotta, 2013)
OECD Guidelines on Protection of Privacy and Transborder flows of personal data 1980 (see Wacks, 2010)
Includes six 'data protection' ptinciples
EU Data Protection Directive
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Contains definition of data protection
INVALIDATED :red_cross: by Digital Rights Ireland
Art 13(1) Criminal investigations are grounds for exceptions
Main aims: protection of an individual's privacy in relation to the processing of personal data and the harmonsiation of data protection laws of Member States
Includes rights of individuals
Data Protection Convention
of the Council of Europe
GDPR
Interaction with privacy
Nature of privacy is that it protects personal information (Wacks, 2010)
Considerable overlap but some areas where they diverge. Requirements that personal data must be processed fairly and for a specific purpose helps to focus the debate on areas that are particularly susceptible to interference with human rights (Kokott and Sobotta, 2013) see Google and Google Spain analysis
Controls on the private sector vs controls on the public sector
C. Kunar podcast
Basic data protection principles
Council of Europe's 1981 Convention (see photo from Carey)
Processing: Only with data subject's consent and when necessary for purposes in Art 7 Dir 95/46/EC
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Data minimisation given more emphasis in GDPR
Security of data
Transparency (new in GDPR)
General data regimes
Sole purpose is national security and other Art 1(3) grounds, which is why the question is asked in Tele 2/Watson
Safeguards
Left to Member States to determine the meaning of 'serious crime'